Federal Tort Claims Act: Hearings Before the Subcommittee on Agency Administration of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, on S. 1775 ....
U.S. Government Printing Office, 1982
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action addition administrative agency agents alleged Amendment amount appeal arising Association Attorney authority believe bill Bivens brought capacities cause Chairman citizens civil committee concerned conduct Congress constitutional rights constitutional tort continue counsel court damages decision defendant Department Department of Justice deterrent Director disciplinary District duties effect employment executives experience fact faith faith defense Federal employees Federal Tort Claims fees filed Force going Government employees immunity important individual interest involved issue judgment jury kind lawsuit legislation LIBRARY OF CONGRESS litigation managers ment military named officials particularly performance personal liability personnel plaintiff position possibility present problem proposed protect questions reason remedy represent responsible result scope Senator GRASSLEY Service situation statement Subcommittee substitute sued suits Supreme Court taken testimony Thank tion Tort Claims Act trial United violations
Page 180 - Government, exercising due care in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 176 - The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.
Page 176 - Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award or determination shall be final and conclusive on all officers of the Government, except when procured by means of fraud.
Page 177 - An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim 15 CFR Subtitle A (1-1-97 Edition) to the appropriate Federal agency...
Page 136 - Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics...
Page 173 - Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 of this title, but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States...
Page 173 - In the case of a refund, from the date of the overpayment to a date preceding the date of the refund check by not more than thirty days, such date to be determined by the Commissioner, whether or not such refund check is accepted by the taxpayer after tender of such check to the taxpayer.
Page 179 - States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
Page 181 - ... (i) Any claim for damages caused by the fiscal operations of the Treasury or by the regulation of the monetary system. (j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war. (k) Any claim arising in a foreign country.
Page 180 - Any claim arising out of an act or omission of any employee of the Government in administering the provisions of sections 1-31 of Title 50, Appendix. (f) Any claim for damages caused by the imposition or establishment of a quarantine by the United States.